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ROJAS v. ANDERSON

No. 12-1283.

727 F.3d 1000 (2013)

Oliver A. ROJAS, Plaintiff-Appellant, v. Kenneth A. ANDERSON; Nicholas Wilson, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 9, 2013.

Attorney(s) appearing for the Case

Earl S. Wylder of Irwin & Boesen, P.C., Denver, CO ( William P. Buckley of The Law Firm of Leonard Chesler, P.C., Denver CO, with him on the brief) for Plaintiff-Appellant.

Gillian M. Fahlsing of Senter Goldfarb & Rice, L.L.C., Denver, CO, for Defendants-Appellees.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff Oliver Rojas appeals the district court's order granting summary judgment to Defendants on his 42 U.S.C. § 1983 claims.

Plaintiff was arrested after Defendant Officer Kenneth Anderson stopped Plaintiff, who was visibly intoxicated, and his two cousins as they were struggling to enter a house at three o'clock in the morning. Upon being questioned by Officer Anderson, Plaintiff...

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